News & Events
News & Events
Eric Hayes and Sean Abernathy defeat penalty claim
Attorneys Eric Hayes and Sean Abernathy were able to successfully defeat a penalty claim initiated by a claimant and her attorney. In support of the alleged penalty claim, the employee testified that because her settlement check was late, she was entitled to several thousands of dollars in penalties. Buttressing the theory that she was entitled to a large penalty were images of the envelop eventually delivered to her by US mail carrying the settlement check. The envelope had “date stamps” showing when it was processed by various mail facilities. The employee’s theory was that the employer/insurer could have manipulated the envelope’s date stamps in an effort to cover up its “negligent” actions in issuing the check late. However, the court disregarded those theories as unpersuasive, relying in part on the testimony of the adjuster who credibly testified about the process of issuing settlement checks, documentation showing accurate payment timeframes and proof that all the other settlement checks to interveners were sent and received timely. The court denied all penalty claims in their entirety for Eric and Sean’s client.
Attorney Beth Butler named a 2023 Minnesota Super Lawyer Rising Star
Brown & Carlson is honored to announce that attorney Beth Butler has been named as a 2023 Minnesota Super Lawyer Rising Star. The Rising Star list recognizes no more than 2.5 percent of attorneys in each state. Congrats!
We’re Hiring! Associate Attorney Position
Brown & Carlson, P.A. is a 27-attorney, AV rated, insurance defense law firm in the St. Louis Park area seeking to add a talented attorney to our busy Workers’ Compensation practice. The ideal candidate would have 2-6 years of workers’ compensation experience. Our growing firm provides a full array of benefits and a great working environment, including flexible remote work opportunities. Culture is a key component to our workplace, making us a Star Tribune Top Workplace winner the past 7 years. A strong work ethic and ability to thrive in a team-oriented atmosphere are qualities we seek. The position is a great opportunity for attorneys who wish to develop strong, well-rounded litigation and advocacy skills and to grow a robust network of business contacts. Our firm is dedicated to creating a collegial, diverse workplace. We offer a competitive compensation package and seek partnership track candidates. Please email resume and cover letter to Barbara Romanko, bromanko@brownandcarlson.com.
Brown & Carlson is an equal opportunity employer. We do not discriminate on the basis of race, color, religion, marital status, age, national origin, ancestry, physical or mental disability, medical condition, pregnancy, genetic information, gender, sexual orientation, gender identity or expression, veteran status, or any other status protected under federal, state, or local law.
Brown & Carlson Volunteers with Feed My Starving Children
Celebrating 20 Years
Congratulations to David McDonnell Forney on achieving 20 years of exemplary work service with Brown & Carlson! David takes his Mail Clerk position very seriously and the firm appreciates that level of professionalism. Over the years, David expanded in his role to include paper management, which gave him the opportunity to move around the office more and allowed our staff more opportunities to get to know him better. We appreciate David for his positive attitude toward work and for inspiring others to do their best. We are sincerely grateful to Kaposia for introducing us to David and providing us the opportunity to have him join our team back on March 16, 2003. We look forward to celebrating many more milestones with David.
B&C Goes Red to Support the American Heart Association
B&C employees had a blast dressing in red to support the American Heart Association’s Go Red for Women movement! Find out more information about #GoRedForWomen here: https://www.goredforwomen.org/en/get-involved/give/wear-red-and-give
Senior Shareholder Annual Retreat
Women of Work Comp Event
Brown & Carlson attorneys Gina Uhrbom, Mandi Irkfetz , and Beth Butler joined other Women of Work Comp (WOWc) on a St. Croix boat cruise. This was a wonderful opportunity to spend time connecting with our peers and colleagues for networking, collaboration, and fun. Brown & Carlson culture ensures its attorneys numerous such opportunities throughout the year to promote collegiality.
Brown & Carlson Welcomes New Attorneys
Brown & Carlson welcomes new associate attorneys Eric Behr, Beth Butler, and Christiaan van Lierop
Eric Behr received his law degree from University of St. Thomas School of Law where he was a member of the intellectual property moot court team.
Beth Butler is a zealous advocate for her clients and has over 5 years of experience in the Workers’ Compensation field. Beth was named a 2022 Super Lawyer Rising Star.
Christiaan van Lierop received his law degree from Mitchell Hamline School of Law. Christiaan has experience in Workers’ Compensation with both pursuing and defending claims.
MN Work Comp Connection Episode 6: IME Considerations in Minnesota Workers’ Compensation
In this episode Eric Hayes and Jerry Sisk discuss Independent Medical Examination considerations in MN Workers’ Compensation.
Insight Newsletter
Workers' Compensation
Recent Minnesota Workers’ Compensation Act Amendments
Limiting Unnecessary Conditional Payment Disputes
Supreme Court Clarifies Benefits for PTSD/Occupational Injury Claims
How A Recent Minnesota Supreme Court Changes PTSD Presumption Cases
The new COLA (no, not Coca-Cola)
Temporary Total Disability Discontinuance – What Constitutes a Job Refusal
Do I Have to Pay for A QRC to Use An Interpreter? Maybe Not.
WCCA Overturn Award of Ongoing Benefits for PTSD Injury
Long-COVID: Work Comp & ADA Considerations
Review of the Dispute Certification Process
Past Articles
2022
COVID-19 Statutory Presumption Has Been Extended
Identifying Medicare Advantage Plans In Workers’ Compensation Claims
Getting the Proposed MSA Before Negotiating
2021
COVID-19 Sunset Provision and the Future of COVID-19 Related Claims
Mental Health Claims Related to Non-Compliance with Covid-19 Vaccine Mandates
Sobczak v. Walmart Stores, Inc: Vague Stipulation Language
Sayler v. Bethany Homes: Vacating Stipulations for Settlement
Vaccination Mandates and Workers’ Compensation Liability
Changes to MN Workers’ Compensation Laws
Leuthard v. ISD 912: The Treatment Parameters Escape from the Jaws of the Rare Case Exception
Working From Home or Living at Work
Medical Cannabis – The Haze Clears
2020
What Claims Qualify Under COVID-19 Statutory Presumption
Healthcare Providers Must Intervene to Assert their Rights Under the Workers’ Compensation Act
Healthcare Providers Must Comply with New PTSD Treatment Parameters
Ewing v. Print Craft: QRCs Beware…
2019
Proposed Rule 5221.6700: Treatment Parameters for Post-Traumatic Stress Disorder (PTSD)
Recent Changes in Petitions for Reassignments/Affidavits of Prejudice
A Refresher Regarding Notices of Intention to Discontinue Benefits
New Exposure for Employers Under the Minnesota Human Rights Act
Medical Specialties in Traumatic Brain Injury Claims
2018 and Older (Archive)
“Lien-ing” Towards Compensability on Stairs Cases
If Stairway, Then Compensable?
The Spaeth Balance Rule and Medicaid: Gist v. Atlas Staffing, Inc.
Statutory Update: PTD, TPD, PPD
When Other Laws Apply: The Intersection of Workers’ Compensation, FMLA and ADA Law
Contesting Bills Related to Medical Records
Current State of Stairs: Compensable or Not
Halvorson v. B&F Fastener Supply Supreme Court Decision Re: Termination of Rehabilitation Services
Kubis v. Community Memorial Hospital Association Supreme Court Decision
Medicare “Just Kidding” Language in Stipulations: Is the Joke On Us?
Workers’ Compensation Laws in Minnesota a Practical Guide
When Doves Cry: New Rule Regarding Opioid Medication in MN Workers’ Compensation Cases
Self-Serving Testimony WCCA Decision Dahlgren v Johnson Carpet
Mn Supreme Court Decision Allan v. R.D. Offutt Co. [PPD Thresholds for PTD Cases]
Supreme Court Kainz Decision post Dykoff
Supreme Court’s Reversal in Dykoff v Xcel Energy 2013 Legislative Changes Discontinue Narcotic Medications PDF Late Notice Bars Employee’s Claims
[related material:] For the complete copy of the Supreme Court Findings A Short Primer on Dystonia
MRSA “Super Bug” and Workers’ Compensation Claims
Employee Handbooks Help Employers Avoid Potential Liability
Social Media Defense Against Workers’ Compensation Claim
Questions?
Please contact us with any questions about how Brown & Carlson can help you.